Treaty of Westphalia
Peace Treaty between the Holy Roman Emperor and
the King of France and their respective Allies.

In the name of the most holy and individual Trinity: Be it known to
all, and every one whom it may concern, or to whom in any manner it
may belong, That for many Years past, Discords and Civil Divisions
being stir'd up in the Roman Empire, which increas'd to such a
degree, that not only all Germany, but also the neighbouring
Kingdoms, and France particularly, have been involv'd in the
Disorders of a long and cruel War: And in the first place, between
the most Serene and most Puissant Prince and Lord, Ferdinand the
Second, of famous Memory, elected Roman Emperor, always August, King
of Germany, Hungary, Bohemia, Dalmatia, Croatia, Slavonia, Arch-Duke
of Austria, Duke of Burgundy, Brabant, Styria, Carinthia, Carniola,
Marquiss of Moravia, Duke of Luxemburgh, the Higher and Lower
Silesia, of Wirtemburg and Teck, Prince of Suabia, Count of
Hapsburg, Tirol, Kyburg and Goritia, Marquiss of the Sacred Roman
Empire, Lord of Burgovia, of the Higher and Lower Lusace, of the
Marquisate of Slavonia, of Port Naon and Salines, with his Allies
and Adherents on one side; and the most Serene, and the most
Puissant Prince, Lewis the Thirteenth, most Christian King of France
and Navarre, with his Allies and Adherents on the other side. And
after their Decease, between the most Serene and Puissant Prince and
Lord, Ferdinand the Third, elected Roman Emperor, always August,
King of Germany, Hungary, Bohemia, Dalmatia, Croatia, Slavonia,
Arch-Duke of Austria, Duke of Burgundy, Brabant, Styria, Carinthia,
Carniola, Marquiss of Moravia, Duke of Luxemburg, of the Higher and
Lower Silesia, of Wirtemburg and Teck, Prince of Suabia, Count of
Hapsburg, Tirol, Kyburg and Goritia, Marquiss of the Sacred Roman
Empire, Burgovia, the Higher and Lower Lusace, Lord of the
Marquisate of Slavonia, of Port Naon and Salines, with his Allies
and Adherents on the one side; and the most Serene and most Puissant
Prince and Lord, Lewis the Fourteenth, most Christian King of France
and Navarre, with his Allies and Adherents on the other side: from
whence ensu'd great Effusion of Christian Blood, and the Desolation
of several Provinces. It has at last happen'd, by the effect of
Divine Goodness, seconded by the Endeavours of the most Serene
Republick of Venice, who in this sad time, when all Christendom is
imbroil'd, has not ceas'd to contribute its Counsels for the publick
Welfare and Tranquillity; so that on the side, and the other, they
have form'd Thoughts of an universal Peace. And for this purpose, by
a mutual Agreement and Covenant of both Partys, in the year of our
Lord 1641. the 25th of December, N.S. or the 15th O.S. it was
resolv'd at Hamburgh, to hold an Assembly of Plenipotentiary
Ambassadors, who should render themselves at Munster and Osnabrug in
Westphalia the 11th of July, N.S. or the 1st of the said month O.S.
in the year 1643. The Plenipotentiary Ambassadors on the one side,
and the other, duly establish'd, appearing at the prefixt time, and
on the behalf of his Imperial Majesty, the most illustrious and most
excellent Lord, Maximilian Count of Trautmansdorf and Weinsberg,
Baron of Gleichenberg, Neustadt, Negan, Burgau, and Torzenbach, Lord
of Teinitz, Knight of the Golden Fleece, Privy Counsellor and
Chamberlain to his Imperial Sacred Majesty, and Steward of his
Houshold; the Lord John Lewis, Count of Nassau, Catzenellebogen,
Vianden, and Dietz, Lord of Bilstein, Privy Counsellor to the
Emperor, and Knight of the Golden Fleece; Monsieur Isaac Volmamarus,
Doctor of Law, Counsellor, and President in the Chamber of the most
Serene Lord Arch-Duke Ferdinand Charles. And on the behalf of the
most Christian King, the most eminent Prince and Lord, Henry of
Orleans, Duke of Longueville, and Estouteville, Prince and Sovereign
Count of Neuschaftel, Count of Dunois and Tancerville, Hereditary
Constable of Normandy, Governor and Lieutenant-General of the same
Province, Captain of the Cent Hommes d'Arms, and Knight of the
King's Orders, &c. as also the most illustrious and most
excellent Lords, Claude de Mesmes, Count d'Avaux, Commander of the
said King's Orders, one of the Superintendents of the Finances, and
Minister of the Kingdom of France &c. and Abel Servien, Count la
Roche of Aubiers, also one of the Ministers of the Kingdom of
France. And by the Mediation and Interposition of the most
illustrious and most excellent Ambassador and Senator of Venice,
Aloysius Contarini Knight, who for the space of five Years, or
thereabouts, with great Diligence, and a Spirit intirely impartial,
has been inclin'd to be a Mediator in these Affairs. After having
implor'd the Divine Assistance, and receiv'd a reciprocal
Communication of Letters, Commissions, and full Powers, the Copys of
which are inserted at the end of this Treaty, in the presence and
with the consent of the Electors of the Sacred Roman Empire, the
other Princes and States, to the Glory of God, and the Benefit of
the Christian World, the following Articles have been agreed on and
consented to, and the same run thus.

I.

That there shall be a Christian and Universal Peace, and a
perpetual, true, and sincere Amity, between his Sacred Imperial
Majesty, and his most Christian Majesty; as also, between all and
each of the Allies, and Adherents of his said Imperial Majesty, the
House of Austria, and its Heirs, and Successors; but chiefly between
the Electors, Princes, and States of the Empire on the one side; and
all and each of the Allies of his said Christian Majesty, and all
their Heirs and Successors, chiefly between the most Serene Queen
and Kingdom of Swedeland, the Electors respectively, the Princes and
States of the Empire, on the other part. That this Peace and Amity
be observ'd and cultivated with such a Sincerity and Zeal, that each
Party shall endeavour to procure the Benefit, Honour and Advantage
of the other; that thus on all sides they may see this Peace and
Friendship in the Roman Empire, and the Kingdom of France flourish,
by entertaining a good and faithful Neighbourhood.

II.

That there shall be on the one side and the other a perpetual
Oblivion, Amnesty, or Pardon of all that has been committed since
the beginning of these Troubles, in what place, or what manner
soever the Hostilitys have been practis'd, in such a manner, that no
body, under any pretext whatsoever, shall practice any Acts of
Hostility, entertain any Enmity, or cause any Trouble to each other;
neither as to Persons, Effects and Securitys, neither of themselves
or by others, neither privately nor openly, neither directly nor
indirectly, neither under the colour of Right, nor by the way of
Deed, either within or without the extent of the Empire,
notwithstanding all Covenants made before to the contrary: That they
shall not act, or permit to be acted, any wrong or injury to any
whatsoever; but that all that has pass'd on the one side, and the
other, as well before as during the War, in Words, Writings, and
Outrageous Actions, in Violences, Hostilitys, Damages and Expences,
without any respect to Persons or Things, shall be entirely
abolish'd in such a manner that all that might be demanded of, or
pretended to, by each other on that behalf, shall be bury'd in
eternal Oblivion.

III.

And that a reciprocal Amity between the Emperor, and the Most
Christian King, the Electors, Princes and States of the Empire, may
be maintain'd so much the more firm and sincere (to say nothing at
present of the Article of Security, which will be mention'd
hereafter) the one shall never assist the present or future Enemys
of the other under any Title or Pretence whatsoever, either with
Arms, Money, Soldiers, or any sort of Ammunition; nor no one, who is
a Member of this Pacification, shall suffer any Enemys Troops to
retire thro' or sojourn in his Country.

IV.

That the Circle of Burgundy shall be and continue a Member of the
Empire, after the Disputes between France and Spain (comprehended in
this Treaty) shall be terminated. That nevertheless, neither the
Emperor, nor any of the States of the Empire, shall meddle with the
Wars which are now on foot between them. That if for the future any
Dispute arises between these two Kingdoms, the abovesaid reciprocal
Obligation of not aiding each others Enemys, shall always continue
firm between the Empire and the Kingdom of France, but yet so as
that it shall be free for the States to succour; without the bounds
of the Empire, such or such Kingdoms, but still according to the
Constitutions of the Empire.

V.

That the Controversy touching Lorain shall be refer'd to Arbitrators
nominated by both sides, or it shall be terminated by a Treaty
between France and Spain, or by some other friendly means; and it
shall be free as well for the Emperor, as Electors, Princes and
States of the Empire, to aid and advance this Agreement by an
amicable Interposition, and other Offices of Pacification, without
using the force of Arms.

VI.

According to this foundation of reciprocal Amity, and a general
Amnesty, all and every one of the Electors of the sacred Roman
Empire, the Princes and States (therein comprehending the Nobility,
which depend immediately on the Empire) their Vassals, Subjects,
Citizens, Inhabitants (to whom on the account of the Bohemian or
German Troubles or Alliances, contracted here and there, might have
been done by the one Party or the other, any Prejudice or Damage in
any manner, or under what pretence soever, as well in their
Lordships, their fiefs, Underfiefs, Allodations, as in their
Dignitys, Immunitys, Rights and Privileges) shall be fully
re-establish'd on the one side and the other, in the Ecclesiastick
or Laick State, which they enjoy'd, or could lawfully enjoy,
notwithstanding any Alterations, which have been made in the mean
time to the contrary.

VII.

If the Possessors of Estates, which are to be restor'd, think they
have lawful Exceptions, yet it shall not hinder the Restitution;
which done, their Reasons and Exceptions may be examin'd before
competent Judges, who are to determine the same.

VIII.

And tho by the precedent general Rule it may be easily judg'd who
those are, and how far the Restitution extends; nevertheless, it has
been thought fit to make a particular mention of the following Cases
of Importance, but yet so that those which are not in express Terms
nam'd, are not to be taken as if they were excluded or forgot.

IX.

Since the Arrest the Emperor has formerly caus'd to be made in the
Provincial Assembly, against the moveable Effects of the Prince
Elector of Treves, which were transported into the Dutchy of
Luxemburg, tho releas'd and abolish'd, yet at the instance of some
has been renew'd; to which has been added a Sequestration, which the
said Assembly has made of the Jurisdiction of Burch, belonging to
the Archbishoprick, and of the Moiety of the Lordship of St. John,
belonging to John Reinbard of Soeteren, which is contrary to the
Concordat's drawn up at Ausburg in the year 1548 by the publick
interposition of the Empire, between the Elector of Treves, and the
Dutchy of Burgundy: It has been agreed, that the abovesaid Arrest
and Sequestration shall be taken away with all speed from the
Assembly of Luxemburg, that the said Jurisdiction, Lordship, and
Electoral and Patrimonial Effects, with the sequestred Revenues,
shall be releas'd and restor'd to the Elector; and if by accident
some things should be Imbezel'd, they shall be fully restor'd to
him; the Petitioners being refer'd, for the obtaining a
determination of their Rights, to the Judge of the Prince Elector,
who is competent in the Empire.

X.

As for what concerns the Castles of Ehrenbreitstein and Homestein,
the Emperor shall withdraw, or cause the Garisons to be withdrawn in
the time and manner limited hereafter in the Article of Execution,
and shall restore those Castles to the Elector of Treves, and to his
Metropolitan Chapter, to be in the Protection of the Empire, and the
Electorate; for which end the Captain, and the new Garison which
shall be put therein by the Elector, shall also take the Oaths of
Fidelity to him and his Chapter.

XI.

The Congress of Munster and Osnabrug having brought the Palatinate
Cause to that pass, that the Dispute which has lasted for so long
time, has been at length terminated; the Terms are these.

XII.

In the first place, as to what concerns the House of Bavaria, the
Electoral Dignity which the Electors Palatine have hitherto had,
with all their Regales, Offices, Precedencys, Arms and Rights,
whatever they be, belonging to this Dignity, without excepting any,
as also all the Upper Palatinate and the County of Cham, shall
remain, as for the time past, so also for the future, with all their
Appurtenances, Regales and Rights, in the possession of the Lord
Maximilian, Count Palatine of the Rhine, Duke of Bavaria, and of his
children, and all the Willielmine Line, whilst there shall be any
Male Children in being.

XIII.
Reciprocally the Elector of Bavaria renounces entirely for himself
and his Heirs and Successors the Debt of Thirteen Millions, as also
all his Pretensions in Upper Austria; and shall deliver to his
Imperial Majesty immediately after the Publication of the Peace, all
Acts and Arrests obtain'd for that end, in order to be made void and
null.

XIV.

As for what regards the House of Palatine, the Emperor and the
Empire, for the benefit of the publick Tranquillity, consent, that
by virtue of this present Agreement, there be establish'd an eighth
Electorate; which the Lord Charles Lewis, Count Palatine of the
Rhine, shall enjoy for the future, and his Heirs, and the
Descendants of the Rudolphine Line, pursuant to the Order of
Succession, set forth in the Golden Bull; and that by this
Investiture, neither the Lord Charles Lewis, nor his Successors
shall have any Right to that which has been given with the Electoral
Dignity to the Elector of Bavaria, and all the Branch of William.

XV.

Secondly, that all the Lower Palatinate, with all and every the
Ecclesiastical and Secular Lands, Rights and Appurtenances, which
the Electors and Princes Palatine enjoy'd before the Troubles of
Bohemia, shall be fully restor'd to him; as also all the Documents,
Registers and Papers belonging thereto; annulling all that hath been
done to the contrary. And the Emperor engages, that neither the
Catholick King, nor any other who possess any thing thereof, shall
any ways oppose this Restitution.

XVI.

Forasmuch-as that certain Jurisdictions of the Bergstraet, belonging
antiently to the Elector of Mayence, were in the year 1463 mortgag'd
to the House Palatine for a certain Sum of Money: upon condition of
perpetual Redemption, it has been agreed that the same Jurisdictions
shall be Restor'd to the present Elector of Mayence, and his
Successors in the Archbishoprick of Mayence, provided the Mortgage
be paid in ready Mony, within the time limited by the Peace to be
concluded; and that he satisfies the other Conditions, which he is
bound to by the Tenor of the Mortgage-Deeds.

XVII.

It shall also be free for the Elector of Treves, as well in the
Quality of Bishop of Spires as Bishop of Worms, to sue before
competent Judges for the Rights he pretends to certain
Ecclesiastical Lands, situated in the Territorys of the Lower
Palatinate, if so be those Princes make not a friendly Agreement
among themselves.

XVIII.

That if it should happen that the Male Branch of William should be
intirely extinct, and the Palatine Branch still subsist, not only
the Upper Palatinate, but also the Electoral Dignity of the Dukes of
Bavaria, shall revert to the said surviving Palatine, who in the
mean time enjoys the Investiture: but then the eighth Electorate
shall be intirely suppress'd. Yet in such case, nevertheless, of the
return of the Upper Palatinate to the surviving Palatines, the Heirs
of any Allodian Lands of the Bavarian Electors shall remain in
Possession of the Rights and Benefices, which may lawfully appertain
to them.

XIX.

That the Family-Contracts made between the Electoral House of
Heidelberg and that of Nieuburg, touching the Succession to the
Electorate, confirm'd by former Emperors; as also all the Rights of
the Rudolphine Branch, forasmuch as they are not contrary to this
Disposition, shall be conserv'd and maintain'd entire.

XX.

Moreover, if any Fiefs in Juliers shall be found open by lawful
Process, the Question shall be decided in favour of the House
Palatine.

XXI.

Further, to ease the Lord Charles Lewis, in some measure, of the
trouble of providing his Brothers with Appenages, his Imperial
Majesty will give order that forty thousand Rixdollars shall be paid
to the said Brothers, in the four ensuing Years; the first
commencing with the Year 1649. The Payment to be made of ten
thousand Rixdollars yearly, with five per Cent Interest.

XXII.

Further, that all the Palatinate House, with all and each of them,
who are, or have in any manner adher'd to it; and above all, the
Ministers who have serv'd in this Assembly, or have formerly serv'd
this House; as also all those who are banish'd out of the
Palatinate, shall enjoy the general Amnesty here above promis'd,
with the same Rights as those who are comprehended therein, or of
whom a more particular and ampler mention has been made in the
Article of Grievance.

XXIII.

Reciprocally the Lord Charles Lewis and his Brothers shall render
Obedience, and be faithful to his Imperial Majesty, like the other
Electors and Princes of the Empire; and shall renounce their
Pretensions to the Upper Palatinate, as well for themselves as their
Heirs, whilst any Male, and lawful Heir of the Branch of William
shall continue alive.

XXIV.

And upon the mention which has been made, to give a Dowry and a
Pension to the Mother Dowager of the said Prince, and to his
Sisters; his Sacred Imperial Majesty (according to the Affection he
has for the Palatinate House) has promis'd to the said Dowager, for
her Maintenance and Subsistence, to pay once for all twenty thousand
Rixdollars; and to each of the Sisters of the said Lord Charles
Lewis, when they shall marry, ten thousand Rixdollars, the said
Prince Charles Lewis being bound to disburse the Overplus.

XXV.

That the said Lord Charles Lewis shall give no trouble to the Counts
of Leiningen and of Daxburg, nor to their Successors in the Lower
Palatinate; but he shall let them peaceably enjoy the Rights
obtain'd many Ages ago, and confirm'd by the Emperors.

XXVI.

That he shall inviolably leave the Free Nobility of the Empire,
which are in Franconia, Swabia, and all along the Rhine, and the
Districts thereof, in the state they are at present.

XXVII.

That the Fiefs confer'd by the Emperor on the Baron Gerrard of
Waldenburg, call'd Schenck-heeren, on Nicholas George Reygersberg,
Chancellor of Mayence, and on Henry Brombser, Baron of Rudeheim;
Item, on the Elector of Bavaria, on Baron John Adolph Wolff, call'd
Meternicht, shall remain firm and stable: That nevertheless these
Vassals shall be bound to take an Oath of Fidelity to the Lord
Charles Lewis, and to his Successors, as their direct Lords, and to
demand of him the renewing of their Fiefs.

XXVIII.

That those of the Confession of Augsburg, and particularly the
Inhabitants of Oppenheim, shall be put in possession again of their
Churches, and Ecclesiastical Estates, as they were in the Year 1624.
as also that all others of the said Confession of Augsburg, who
shall demand it, shall have the free Exercise of their Religion, as
well in publick Churches at the appointed Hours, as in private in
their own Houses, or in others chosen for this purpose by their
Ministers, or by those of their Neighbours, preaching the Word of
God.

XXIX.

That the Paragraphs, Prince Lewis Philip, &c. Prince Frederick,
&c. and Prince Leopold Lewis, &c. be understood as here
inserted, after the same manner they are contain'd in the
Instrument, or Treaty of the Empire with Swedeland.

XXX.

That the Dispute depending between the Bishops of Bamberg and
Wirtzberg on the one, and the Marquiss of Brandenburg, Culmbach, and
Onalzbach, on the other side, touching the Castle, Town,
Jurisdiction, and Monastery of Kitzingen in Franconia, on the Main,
shall be amicably compos'd; or, in a judicial manner, within two
years time, upon pain of the Person's losing his Pretensions, that
shall delay it: and that, in the mean time, the Fort of Wirtzberg
shall be surrender'd to the said Lords Marquisses, in the same state
it was taken, according as it has been agreed and stipulated.

XXXI.

That the Agreement made, touching the Entertainment of the Lord
Christian William, Marquiss of Brandenburg, shall be kept as if
recited in this place, as it is put down in the fourteenth Article
of the Treaty between the Empire and Swedeland.

XXXII.

The Most Christian King shall restore to the Duke of Wirtemberg,
after the manner hereafter related, where we shall mention the
withdrawing of Garisons, the Towns and Forts of Hohenwiel,
Schorendorff, Turbingen, and all other places, without reserve,
where he keeps Garisons in the Dutchy of Wirtemberg. As for the
rest, the Paragraph, THE HOUSE OF WIRTEMBERG, &c. shall be
understood as inserted in this Place, after the same manner it's
contain'd in the Treaty of the Empire, and of Swedeland.

XXXIII.

That the Princes of Wirtemberg, of the Branches of Montbeillard,
shall be re-establish'd in all their Domains in Alsace, and
wheresoever they be situated, but particularly in the three Fiefs of
Burgundy, Clerval, and Passavant: and both Partys shall re-establish
them in the State, Rights and Prerogatives they enjoy'd before the
Beginning of these Wars.

XXXIV.

That Frederick, Marquiss of Baden, and of Hachberg, and his Sons and
Heirs, with all those who have serv'd them in any manner whatsoever,
and who serve them still, of what degree they may be, shall enjoy
the Amnesty above-mention'd, in the second and third Article, with
all its Clauses and Benefices; and by virtue thereof, they shall be
fully re-establish'd in the State Ecclesiastical or Secular, in the
same manner as the Lord George Frederick Marquiss of Beden and of
Hachberg, possess'd, before the beginning of the Troubles of
Bohemia, whatever concern'd the lower Marquisate of Baden, call'd
vulgarly Baden Durlach, as also what concern'd the Marquisate of
Hachberg, and the Lordships of Rottelen, Badenweiller, and
Sausenberg, notwithstanding, and annulling all the Changes made to
the contrary. After which shall be restor'd to Marquiss Frederick,
the Jurisdictions of Stein and Renchingen, without being charg'd
with Debts, which the Marquiss William has contracted during that
time, by Reason of the Revenues, Interests and Charges, put down in
the Transaction pass'd at Etlingen in the Year 1629. and transfer'd
to the said William Marquiss of Baden, with all the Rights,
Documents, Writings, and other things appertaining; so that all the
Plea concerning the Charges and Revenues, as well receiv'd as to
receive, with their Damages and Interests, to reckon from the time
of the first Possession, shall be intirely taken away and abolish'd.

XXXV.

That the Annual Pension of the Lower Marquisate, payable to the
Upper Marquisate, according to former Custom, shall by virtue of the
present Treaty be intirely taken away and annihilated; and that for
the future nothing shall be pretended or demanded on that account,
either for the time past or to come.

XXXVI.

That for the future, the Precedency and Session, in the States and
Circle of Swabia, or other General or Particular Assemblys of the
Empire, and any others whatsoever, shall be alternative in the two
Branches of Baden; viz. in that of the Upper, and that of the Lower
Marquisate of Baden: but nevertheless this Precedency shall remain
in the Marquiss Frederick during his Life. It has been agreed,
touching the Barony of Hohengerolt Zegk that if Madam, the Princess
of Baden, verifies the Rights of her Pretension upon the said Barony
by authentick Documents, Restitution shall be made her, according to
the Rights and Contents of the said Documents, as soon as Sentence
shall be pronounc'd. That the Cognizance of this Cause shall be
terminated within two Years after the Publication of the Peace: And
lastly, no Actions, Transaction, or Exceptions, either general or
particular, nor Clauses comprehended in this Treaty of Peace, and
whereby they would derogate from the Vigour of this Article, shall
be at any time alledg'd by any of the Partys against this special
Agreement. The Paragraphs, the Duke of Croy, &c. As for the
Controversy of Naussau-Siegen, &c. To the Counts of Naussau,
Sarrepont, &c. The House of Hanau, &c. John Albert Count of
Solms, &c. as also, Shall be re-establish'd the House of Solms,
Hohensolms, &c. The Counts of Isemburg, &c. The Rhinegraves,
&c. The Widow of Count Ernest of Sainen, &c. The Castle and
the County of Flackenstein, &c. Let also the House of Waldeck be
re-establish'd, &c. Joachim Ernest Count of Ottingen, &c.
Item, The House of Hohenlo, &c. Frederick Lewis, &c. The
Widow and Heirs of the Count of Brandenstein, &c. The Baron Paul
Kevenhuller, &c. shall be understood to be inserted in this
place word by word, as they are put down in the Instruor Treaty
between the Empire and Swedeland.

XXXVII.

That the Contracts, Exchanges, Transactions, Obligations, Treatys,
made by Constraint or Threats, and extorted illegally from States or
Subjects (as in particular, those of Spiers complain, and those of
Weisenburg on the Rhine, those of Landau, Reitlingen, Hailbron, and
others) shall be so annull'd and abolish'd, that no more Enquiry
shall be made after them.

XXXVIII.

That if Debtors have by force got some Bonds from their Creditors,
the same shall be restor'd, but not with prejudice to their Rights.

XXXIX.

That the Debts either by Purchase, Sale, Revenues, or by what other
name they may be call'd, if they have been violently extorted by one
of the Partys in War, and if the Debtors alledge and offer to prove
there has been a real Payment, they shall be no more prosecuted,
before these Exceptions be first adjusted. That the Debtors shall be
oblig'd to produce their Exceptions within the term of two years
after the Publication of the Peace, upon pain of being afterwards
condemn'd to perpetual Silence.

XL.

That Processes which have been hitherto enter'd on this Account,
together with the Transactions and Promises made for the Restitution
of Debts, shall be look'd upon as void; and yet the Sums of Money,
which during the War have been exacted bona fide, and with a good
intent, by way of Contributions, to prevent greater Evils by the
Contributors, are not comprehended herein.

XLI.

That Sentences pronounc'd during the War about Matters purely
Secular, if the Defect in the Proceedings be not fully manifest, or
cannot be immediately demonstrated, shall not be esteem'd wholly
void; but that the Effect shall be suspended until the Acts of
Justice (if one of the Partys demand the space of six months after
the Publication of the Peace, for the reviewing of his Process) be
review'd and weigh'd in a proper Court, and according to the
ordinary or extraordinary Forms us'd in the Empire: to the end that
the former Judgments may be confirm'd, amended, or quite eras'd, in
case of Nullity.

XLII.

In the like manner, if any Royal, or particular Fiefs, have not been
renew'd since the Year 1618. nor Homage paid to whom it belongs; the
same shall bring no prejudice, and the Investiture shall be renew'd
the day the Peace shall be concluded.

XLIII.

Finally, That all and each of the Officers, as well Military Men as
Counsellors and Gownmen, and Ecclesiasticks of what degree they may
be, who have serv'd the one or other Party among the Allies, or
among their Adherents, let it be in the Gown, or with the Sword,
from the highest to the lowest, without any distinction or
exception, with their Wives, Children, Heirs, Successors, Servants,
as well concerning their Lives as Estates, shall be restor'd by all
Partys in the State of Life, Honour, Renown, Liberty of Conscience,
Rights and Privileges, which they enjoy'd before the abovesaid
Disorders; that no prejudice shall be done to their Effects and
Persons, that no Action or accusation shall be enter'd against them;
and that further, no Punishment be inflicted on them, or they to
bear any damage under what pretence soever: And all this shall have
its full effect in respect to those who are not Subjects or Vassals
of his Imperial Majesty, or of the House of Austria.

XLIV.

But for those who are Subjects and Hereditary Vassals of the
Emperor, and of the House of Austria, they shall really have the
benefit of the Amnesty, as for their Persons, Life, Reputation,
Honours: and they may return with Safety to their former Country;
but they shall be oblig'd to conform, and submit themselves to the
Laws of the Realms, or particular Provinces they shall belong to.

XLV.

As to their Estates that have been lost by Confiscation or
otherways, before they took the part of the Crown of France, or of
Swedeland, notwithstanding the Plenipotentiarys of Swedeland have
made long instances, they may be also restor'd. Nevertheless his
Imperial Majesty being to receive Law from none, and the
Imperialists sticking close thereto, it has not been thought
convenient by the States of the Empire, that for such a Subject the
War should be continu'd: And that thus those who have lost their
Effects as aforesaid, cannot recover them to the prejudice of their
last Masters and Possessors. But the Estates, which have been taken
away by reason of Arms taken for France or Swedeland, against the
Emperor and the House of Austria, they shall be restor'd in the
State they are found, and that without any Compensation for Profit
or Damage.

XLVI.

As for the rest, Law and Justice shall be administer'd in Bohemia,
and in all the other Hereditary Provinces of the Emperor, without
any respect; as to the Catholicks, so also to the Subjects,
Creditors, Heirs, or private Persons, who shall be of the Confession
of Augsburg, if they have any Pretensions, and enter or prosecute
any Actions to obtain Justice.

XLVII.

But from this general Restitution shall be exempted things which
cannot be restor'd, as Things movable and moving, Fruits gather'd,
Things alienated by the Authority of the Chiefs of the Party, Things
destroy'd, ruin'd, and converted to

other uses for the publick Security, as publick and particular
Buildings, whether sacred or profane, publick or private Gages,
which have been, by surprize of the Enemys, pillag'd, confiscated,
lawfully sold, or voluntarily bestow'd.

XLVIII.

And as to the Affair of the Succession of Juliers, those concern'd,
if a course be not taken about it, may one day cause great Troubles
in the Empire about it; it has been agreed, That the Peace being
concluded it shall be terminated without any Delay, either by
ordinary means before his Imperial Majesty, or by a friendly
Composition, or some other lawful ways.

XLIX.

And since for the greater Tranquillity of the Empire, in its general
Assemblys of Peace, a certain Agreement has been made between the
Emperor, Princes and States .of the Empire, which has been inserted
in the Instrument and Treaty of Peace, concluded with the
Plenipotentiarys of the Queen and Crown of Swedeland, touching the
Differences about Ecclesiastical Lands, and the Liberty of the
Exercise of Religion; it has been found expedient to confirm,and
ratify it by this present Treaty, in the same manner as the
abovesaid Agreement has been made with the said Crown of Swedeland;
also with those call'd the Reformed, in the same manner, as if the
words of the abovesaid Instrument were reported here verbatim.

L.

Touching the Affair of Hesse Cassel, it has been agreed as follows:
In the first place, The House of Hesse Cassel, and all its Princes,
chiefly Madam Emelie Elizabeth Landgravine of Hesse, and her Son
Monsieur William and his Heirs, his Ministers, Officers, Vassals,
Subjects, Soldiers, and others who follow his Service in any manner
soever, without any Exception, notwithstanding Contracts to the
contrary, Processes, Proscriptions, Declarations, Sentences,
Executions and Transactions; as also notwithstanding any Actions and
Pretensions for Damages and Injuries as well from Neutrals, as from
those who were in Arms, annull'd by the General Amnesty here before
establish'd, and to take place from the beginning of the War in
Bohemia, with a full Restitution (except the Vassals, and Hereditary
Subjects of his Imperial Majesty, and the House of Austria, as is
laid down in the Paragraph, Tandemomnes, &c.) shall partake of
all the Advantages redounding from this Peace, with the same Rights
other States enjoy, as is set forth in the Article which commences,
Unanimi, &c.

LI.

In the second place, the House of Hesse Cassel, and its Successors,
shall retain, and for this purpose shall demand at any time, and
when it shall be expir'd, the Investiture of his Imperial Majesty,
and shall take the Oath of Fidelity for the Abby of Hitsfield, with
all its Dependencys, as well Secular as Ecclesiastical, situated
within or without his Territorys (as the Deanery of Gellingen)
saving nevertheless the Rights possess'd by the House of Saxony,
time out of mind.

LII.

In the third place, the Right of a direct Signiory over the
Jurisdictions and Bayliwick of Schaumburg, Buckenburg, Saxenhagen,
and Stattenhagen, given heretofore and adjudged to the Bishoprick of
Mindau, shall for the future belong unto Monsieur William, the
present Landgrave of Hesse, and his Successors in full Possession,
and for ever, so as that the said Bishop, and no other shall be
capable of molesting him; saving nevertheless the Agreement made
between Christian Lewis, Duke of Brunswick and Lunenburg, and the
Landgravine of Hesse, and Philip Count of Lippe, as also the
Agreement made between the said Landgravine, and the said Count.

LIII.

It has been further agreed, That for the Restitution of Places
possess'd during this War, and for the Indemnity of Madam, the
Landgravine of Hesse, who is the Guardian, the Sum of Six Hundred
Thousand Rixdollars shall be given to her and her Son, or his
Successors Princes of Hesse, to be had from the Archbishopricks of
Mayence and Cologne, from the Bishopricks of Paderborn and Munster,
and the Abby of Fulden; which Sum shall be paid at Cassel in the
term of eight Months, to reckon from the Day of the Ratification of
the Peace, at the peril and charge of the Solvent: and no Exception
shall be used to evade this promis'd Payment, on any Pretence; much
less shall any Seizure be made of the Sum agreed on.

LIV.

And to the end that Madam, the Landgravine, may be so much the more
assur'd of the Payment, she shall retain on the Conditions
following, Nuys, Cuesfeldt, and Newhaus, and shall keep Garisons in
those Places which shall depend on her alone; but with this
Limitation, That besides the Officers and other necessary Persons in
the Garisons, those of the three above-nam'd Places shall not exceed
the number of Twelve Hundred Foot, and a Hundred Horse; leaving to
Madam, the Landgravine, the Disposition of the number of Horse and
Foot she shall be pleas'd to put in each of these Places, and whom
she will constitute Governor.

LV.

The Garisons shall be maintain'd according to the Order, which has
been hitherto usually practis'd, for the Maintenance of the Hessian
Soldiers and Officers; and the things necessary for the keeping of
the Forts shall be furnish'd by the Arch-bishopricks and
Bishopricks, in which the said Fortresses are situated, without any
Diminution of the Sum above-mention'd. It shall be allow'd the
Garisons, to exact the Money of those who shall retard Payment too
long, or who shall be refractory, but not any more than what is due.
The Rights of Superiority and Jurisdiction, as well Ecclesiastical
as Secular, and the Revenues of the said Castles and Towns, shall
remain in the Arch-bishop of Cologne.

LVI.

As soon as after the Ratification of Peace, Three Hundred Thousand
Rixdollars shall be paid to Madam, the Landgravine, she shall give
up Nuys, and shall only retain Cuesfeldt and Newhaus; but yet so as
that the Garison of Nuys shall not be thrown into the other two
Places, nor nothing demanded on that account; and the Garisons of
Cuesfeldt shall not exceed the Number of Six Hundred Foot and Fifty
Horse. That if within the term of nine Months, the whole Sum be not
paid to Madam the Landgravine, not only Cuesfeldt and Newhaus shall
remain in her Hands till the full Payment, but also for the
remainder, she shall be paid Interest at Five per Cent. and the
Treasurers and Collectors of the Bayliwicks appertaining to the
abovesaid Arch-bishopricks, Bishopricks and Abby, bordering on the
Principality of Hesse, shall oblige themselves by Oath to Madam the
Landgravine, that out of the annual Revenues, they shall yearly pay
the Interest of the remaining Sum notwithstanding the Prohibitions
of their Masters. If the Treasurers and Collectors delay the
Payment, or alienate the Revenues, Madam the Landgravine shall have
liberty to constrain them to pay, by all sorts of means, always
saving the Right of the Lord Proprietor of the Territory.

LVII.

But as soon as Madam the Landgravine has receiv'd the full Sum, with
all the Interest, she shall surrender the said Places which she
retain'd for her Security; the Payments shall cease, and the
Treasurers and Collectors, of which mention has been made, shall be
freed, from their Oath: As for the Bayliwicks, the Revenues of which
shall be assign'd for the Payment of the Sum, that shall be adjusted
before the Ratification of the Peace; and that Convention shall be
of no less Force than this present Treaty of Peace.

LVIII.

Besides the Places of Surety, which shall be left, as aforesaid, to
Madam the Landgravine, which she shall restore after the Payment,
she shall restore, after the Ratification of the Peace, all the
Provinces and Bishopricks, as also all their Citys, Bayliwicks,
Boroughs, Fortresses, Forts; and in one word, all immoveable Goods,
and all Rights seiz'd by her during this War. So, nevertheless, that
as well in the three Places she shall retain as Cautionary, as the
others to be restor'd, the said Lady Landgravine not only shall
cause to be convey'd away all the Provisions and Ammunitions of War
she has put therein (for as to those she has not sent thither, and
what was found there at the taking of them, and are there still,
they shall continue; ) but also the Fortifications and Ramparts,
rais'd during the Possession of the Places, shall be destroy'd and
demolish'd as much as possible, without exposing the Towns,
Borroughs, Castles and Fortresses, to Invasions and Robberys.

LIX.

And tho Madam the Landgravine has only demanded Restitution and
Reparation of the Arch-bishopricks of Mayence, Cologne, Paderborn,
Munster, and the Abby of Fulden; and has not insisted that any
besides should contribute any thing for this Purpose: nevertheless
the Assembly have thought fit, according to the Equity and
Circumstances of Affairs, that without prejudice to the Contents of
the preceding Paragraph, which begins, Conventum praterea est,
&c. IT HAS BEEN FURTHER AGREED, the other States also on this
and the other side the Rhine, and who since the first of March of
this present Year, have paid Contributions to the Hessians, shall
bear their Proportion pro Rata of their preceding Contributions, to
make up the said Sum with the Arch-bishopricks, Bishopricks and Abby
above-named, and forward the Payments of the Garisons of the
Cautionary Towns. If any has suffer'd Damage by the delay of others,
who are to pay their share, the Officers or Soldiers of his Imperial
Majesty, of the most Christian King, and of the Landgravine of
Hesse, shall not hinder the forcing of those who have been tardy;
and the Hessian Soldiers shall not pretend to except any from this
Constraint, to the prejudice of this Declaration, but those who have
duly paid their Proportion, shall thereby be freed from all Charges.

LX.

As to the Differences arisen between the Houses of Hesse Cassel, and
of Darmstadt, touching the Succession of Marburg; since they have
been adjusted at Cassel, the 14th of April, the preceding Year, by
the mutual Consent of the Interested Partys, it has been thought
good, that that Transaction, with all its Clauses, as concluded and
sign'd at Cassel by both Partys, should be intimated to this
Assembly; and that by virtue of this present Treaty, it shall be of
the same force, as if inserted word by word: and the same shall
never be infring'd by the Partys, nor any other whatsoever, under
any pretence, either by Contract, Oath, or otherways, but ought to
be most exactly kept by all, tho perhaps some of the Partys
concern'd may refuse to confirm it.

LXI.

As also the Transaction between the Deceas'd monsieur William,
Landgrave of Hesse, and Messieurs Christian and Wolrad, Counts of
Waldeck, made the 11th of April, 1635. and ratify'd to Monsieur
George, Landgrave of Hesse, the 14th of April 1648. shall no less
obtain a full and perpetual force by virtue of this Pacification,
and shall no less bind all the Princes of Hesse, and all the Counts
of Waldeck.

LXII.

That the Birth-right introduc'd in the House of Hesse Cassel, and in
that of Darmstadt, and confirm'd by His Imperial Majesty, shall
continue and be kept firm and inviolable.

LXIII.

And as His Imperial Majesty, upon Complaints made in the name of the
City of Basle, and of all Switzerland, in the presence of their
Plenipotentiarys deputed to the present Assembly, touching some
Procedures and Executions proceeding from the Imperial Chamber
against the said City, and the other united Cantons of the Swiss
Country, and their Citizens and Subjects having demanded the Advice
of the States of the Empire and their Council; these have, by a
Decree of the 14th of May of the last Year, declared the said City
of Basle, and the other Swiss-Cantons, to be as it were in
possession of their full Liberty and Exemption of the Empire; so
that they are no ways subject to the Judicatures, or Judgments of
the Empire, and it was thought convenient to insert the same in this
Treaty of Peace, and confirm it, and thereby to make void and annul
all such Procedures and Arrests given on this Account in what form
soever.

LXIV.

And to prevent for the future any Differences arising in the
Politick State, all and every one of the Electors, Princes and
States of the Roman Empire, are so establish'd and confirm'd in
their antient Rights, Prerogatives, Libertys, Privileges, free
exercise of Territorial Right, as well Ecclesiastick, as Politick
Lordships, Regales, by virtue of this present Transaction: that they
never can or ought to be molested therein by any whomsoever upon any
manner of pretence.

LXV.

They shall enjoy without contradiction, the Right of Suffrage in all
Deliberations touching the Affairs of the Empire; but above all,
when the Business in hand shall be the making or interpreting of
Laws, the declaring of Wars, imposing of Taxes, levying or
quartering of Soldiers, erecting new Fortifications in the
Territorys of the States, or reinforcing the old Garisons; as also
when a Peace of Alliance is to be concluded, and treated about, or
the like, none of these, or the like things shall be acted for the
future, without the Suffrage and Consent of the Free Assembly of all
the States of the Empire: Above all, it shall be free perpetually to
each of the States of the Empire, to make Alliances with Strangers
for their Preservation and Safety; provided, nevertheless, such
Alliances be not against the Emperor, and the Empire, nor against
the Publick Peace, and this Treaty, and without prejudice to the
Oath by which every one is bound to the Emperor and the Empire.

LXVI.

That the Diets of the Empire shall be held within six Months after
the Ratification of the Peace; and after that time as often as the
Publick Utility, or Necessity requires. That in the first Diet the
Defects of precedent Assemblys be chiefly remedy'd; and that then
also be treated and settled by common Consent of the States, the
Form and Election of the Kings of the Romans, by a Form, and certain
Imperial Resolution; the Manner and Order which is to be observ'd
for declaring one or more States, to be within the Territorys of the
Empire, besides the Manner otherways describ'd in the Constitutions
of the Empire; that they consider also of re-establishing the
Circles, the renewing the Matricular-Book, the re-establishing
suppress'd States, the moderating and lessening the Collects of the
Empire, Reformation of Justice and Policy, the taxing of Fees in the
Chamber of Justice, the Due and requisite instructing of ordinary
Deputys for the Advantage of the Publick, the true Office of
Directors in the Colleges of the Empire, and such other Business as
could not be here expedited.

LXVII.

That as well as general as particular Diets, the free Towns, and
other States of the Empire, shall have decisive Votes; they shall,
without molestation, keep their Regales, Customs, annual Revenues,
Libertys, Privileges to confiscate, to raise Taxes, and other
Rights, lawfully obtain'd from the Emperor and Empire, or enjoy'd
long before these Commotions, with a full Jurisdiction within the
inclosure of their Walls, and their Territorys: making void at the
same time, annulling and for the future prohibiting all Things,
which by Reprisals, Arrests, stopping of Passages, and other
prejudicial Acts, either during the War, under what pretext soever
they have been done and attempted hitherto by private Authority, or
may hereafter without any preceding formality of Right be
enterpris'd. As for the rest, all laudable Customs of the sacred
Roman Empire, the fundamental Constitutions and Laws, shall for the
future be strictly observ'd, all the Confusions which time of War
have, or could introduce, being remov'd and laid aside.

LXVIII.

As for the finding out of equitable and expedient means, whereby the
Prosecution of Actions against Debtors, ruin'd by the Calamitys of
the War, or charg'd with too great Interests, and whereby these
Matters may be terminated with moderation, to obviate greater
inconveniences which might arise, and to provide for the publick
Tranquillity; His Imperial Majesty shall take care to hearken as
well to the Advices of his Privy Council, as of the Imperial
Chamber, and the States which are to be assembled, to the end that
certain firm and invariable Constitutions may be made about this
Matter And in the mean time the alledg'd Reasons and Circumstances
of the Partys shall be well weigh'd in Cases brought before the
Sovereign Courts of the Empire, or Subordinate ones of States and no
body shall be oppress'd by immoderate Executions; and ail this
without prejudice to the Constitution of Holstein.

LXIX.

And since it much concerns the Publick, that upon the Conclusion of
the Peace, Commerce be re-establish'd, for that end it has been
agreed, that the Tolls, Customs, as also the Abuses of the Bull of
Brabant, and the Reprisals and Arrests, which proceeded from thence,
together with foreign Certifications, Exactions, Detensions; Item,
The immoderate Expences and Charges of Posts, and other Obstacles to
Commerce and Navigation introduc'd to its Prejudice, contrary to the
Publick Benefit here and there, in the Empire on occasion of the
War, and of late by a private Authority against its Rights and
Privileges, without the Emperor's and Princes of the Empire's
consent, shall be fully remov'd; and the antient Security,
Jurisdiction and Custom, such as have been long before these Wars in
use, shall be re-establish'd and inviolably maintain'd in the
Provinces, Ports and Rivers.

LXX.

The Rights and Privileges of Territorys, water'd by Rivers or
otherways, as Customs granted by the Emperor, with the Consent of
the Electors, and among others, to the Count of Oldenburg on the
Viserg, and introduc'd by a long Usage, shall remain in their Vigour
and Execution. There shall be a full Liberty of Commerce, a secure
Passage by Sea and Land: and after this manner all and every one of
the Vassals, Subjects, Inhabitants and Servants of the Allys, on the
one side and the other, shall have full power to go and come, to
trade and return back, by Virtue of this present Article, after the
same manner as was allowed before the Troubles of Germany; the
Magistrates, on the one side and on the other, shall be oblig'd to
protect and defend them against all sorts of Oppressions, equally
with their own Subjects, without prejudice to the other Articles of
this Convention, and the particular laws and Rights of each place.
And that the said Peace and Amity between the Emperor and the Most
Christian King, may be the more corroborated, and the publick Safety
provided for, it has been agreed with the Consent, Advice and Will
of the Electors, Princes and States of the Empire, for the Benefit
of Peace:

LXXI.

First, That the chief Dominion, Right of Sovereignty, and all other
Rights upon the Bishopricks of Metz, Toul, and Verdun, and on the
Citys of that Name and their Diocesses, particularly on Mayenvick,
in the same manner they formerly belong'd to the Emperor, shall for
the future appertain to the Crown of France, and shall be
irrevocably incorporated therewith for ever, saving the Right of the
Metropolitan, which belongs to the Archbishop of Treves.

LXXII.

That Monsieur Francis, Duke of Lorain, shall be restor'd to the
possession of the Bishoprick of Verdun, as being the lawful Bishop
thereof; and shall be left in the peaceable Administration of this
Bishoprick and its Abbys (saving the Right of the King and of
particular Persons) and shall enjoy his Patrimonial Estates, and his
other Rights, wherever they may be situated (and as far as they do
not contradict the present Resignation) his Privileges, Revenues and
Incomes; having previously taken the Oath of Fidelity to the King,
and provided he undertakes nothing against the Good of the State and
the Service of his Majesty.

LXXIII.

In the second place, the Emperor and Empire resign and transfer to
the most Christian King, and his Successors, the Right of direct
Lordship and Sovereignty, and all that has belong'd, or might
hitherto belong to him, or the sacred Roman Empire, upon Pignerol.

LXXIV.

In the third place the Emperor, as well in his own behalf, as the
behalf of the whole most Serene House of Austria, as also of the
Empire, resigns all Rights, Propertys, Domains, Possessions and
Jurisdictions, which have hitherto belong'd either to him, or the
Empire, and the Family of Austria, over the City of Brisac, the
Landgraveship of Upper and Lower Alsatia, Suntgau, and the
Provincial Lordship of ten Imperial Citys situated in Alsatia, viz.
Haguenau, Calmer, Sclestadt, Weisemburg, Landau, Oberenheim,
Rosheim, Munster in the Valley of St. Gregory, Keyerberg, Turingham,
and of all the villages, or other Rights which depend on the said
Mayoralty; all and every of them are made over to the most Christian
King, and the Kingdom of France; in the same manner as the City of
Brisac, with the Villages of Hochstet, Niederrimsing, Hartem and
Acharren appertaining to the Commonalty of Brisac, with all the
antient Territory and Dependence; without any prejudice,
nevertheless, to the Priviliges and Libertys granted the said Town
formerly by the House of Austria.

LXXV.

Item, The said Landgraveship of the one, and the other Alsatia, and
Suntgau, as also the Provincial Mayoralty on the ten Citys
nominated, and their Dependencys.

LXXVI.

Item, All the Vassals, Subjects, People, Towns, Boroughs, Castles,
Houses, Fortresses, Woods, Coppices, Gold or Silver Mines, Minerals,
Rivers, Brooks, Pastures; and in a word, all the Rights, Regales and
Appurtenances, without any reserve, shall belong to the most
Christian King, and shall be for ever incorporated with the Kingdom
France, with all manner of Jurisdiction and Sovereignty, without any
contradiction from the Emperor, the Empire, House of Austria, or any
other: so that no Emperor, or any Prince of the House of Austria,
shall, or ever ought to usurp, nor so much as pretend any Right and
Power over the said Countrys, as well on this, as the other side the
Rhine.

LXXVII.

The most Christian King shall, nevertheless, be oblig'd to preserve
in all and every one of these Countrys the Catholick Religion, as
maintain'd under the Princes of Austria, and to abolish all
Innovations crept in during the War.

LXXVIII.

Fourthly, By the Consent of the Emperor and the whole Empire, the
most Christian King and his Successors shall have perpetual Right to
keep a Garison in the Castle of Philipsburg, but limited to such a
number of Soldiers, as may not be capable to give any Umbrage, or
just Suspicion to the Neighbourhood; which Garison shall be
maintain'd at the Expences of the Crown of France. The Passage also
shall be open for the King into the Empire by Water, when, and as
often as he shall send Soldiers, Convoys, and bring necessary things
thither.

LXXIX.

Nevertheless the King shall pretend to nothing more than the
Protection and safe Passage of his Garison into the Castle of
Philipsburg: but the Property of the Place, all Jurisdiction,
Possession, all its Profits, Revenues, Purchases, Rights, Regales,
Servitude, People, Subjects, Vassals, and every thing that of old in
the Bishoprick of Spire, and the Churches incorporated therein, had
appertain'd to the Chapter of Spire, or might have appertain'd
thereto; shall appertain, and be intirely and inviolably preserv'd
to the same Chapter, saving the Right of Protection which the King
takes upon him.

LXXX.

The Emperor, Empire, and Monsieur the Arch Duke of Insprug,
Ferdinand Charles, respectively discharge the Communitys,
Magistrates, Officers and Subjects of each of the said Lordships and
Places, from the Bonds and Oaths which they were hitherto bound by,
and ty'd to the House of Austria; and discharge and assign them over
to the Subjection, Obedience and Fidelity they are to give to the
King and Kingdom of France; and consequently confirm the Crown of
France in a full and just Power over all the said Places, renouncing
from the present, and for ever, the Rights and Pretensions they had
thereunto: Which Cession the Emperor, the said Arch-Duke and his
Brother (by reason the said Renunciation concerns them particularly)
shall confirm by particular Letters for themselves and their
Descendants; and shall so order it also, that the Catholick King of
Spain shall make the same Renunciation in due and authentick form,
which shall be done in the name of the whole Empire, the same Day
this present Treaty shall be sign'd.

LXXXI.

For the greater Validity of the said Cessions and Alienations, the
Emperor and Empire, by virtue of this present Treaty, abolish all
and every one of the Decrees, Constitutions, Statutes and Customs of
their Predecessors, Emperors of the sacred Roman Empire, tho they
have been confirm'd by Oath, or shall be confirm'd for the future;
particularly this Article of the Imperial Capitulation, by which all
or any Alienation of the Appurtenances and Rights of the Empire is
prohibited: and by the same means they exclude for ever all
Exceptions hereunto, on what Right and Titles soever they may be
grounded.

LXXXII.

Further it has been agreed, That besides the Ratification promis'd
hereafter in the next Diet by the Emperor and the States of the
Empire, they shall ratify anew the Alienations of the said Lordships
and Rights: insomuch, that if it shou'd be agreed in the Imperial
Capitulation, or if there shou'd be a Proposal made for the future,
in the Diet, to recover the Lands and Rights of the Empire, the
abovenam'd things shall not be comprehended therein, as having been
legally transfer'd to another's Dominion, with the common Consent of
the States, for the benefit of the publick Tranquillity; for which
reason it has been found expedient the said Seigniorys shou'd be
ras'd out of the Matricular-Book of the Empire.

LXXXIII.

Immediately after the Restitution of Benfield, the Fortifications of
that Place shall be ras'd, and of the Fort Rhinau, which is hard by,
as also of Tabern in Alsatia, of the Castle of Hohember and of
Newburg on the Rhine: and there shall be in none of those Places any
Soldiers or Garison.

LXXXIV.

The Magistrates and the Inhabitants of the said City of Tabern shall
keep an exact Neutrality, and the King's Troops shall freely pass
thro' there as often as desir'd. No Forts shall be erected on the
Banks of this side the Rhine, from Basle to Philipsburg; nor shall
any Endeavours be made to divert the Course of the River, neither on
the one side or the other.

LXXXV.

As for what concerns the Debts wherewith the Chamber of Ensisheim is
charg'd, the Arch-Duke Ferdinand Charles shall undertake with that
part of the Province, which the most Christian King shall restore
him, to pay one third without distinction, whether they be Bonds, or
Mortgages; provided they are in authentick form, and that they have
a particular Mortgage, either on the Provinces to be restor'd, or on
them which are to be transfer'd; or if there be none, provided they
be found on the Books of Accounts, agreeing with those of Receipts
of the Chamber of Ensisheim, until the Expiration of the year 1632,
and have been inserted amonst the Debts of the publick Chamber, and
the said Chamber having been oblig'd to pay the Interests: the
Arch-Duke making this Payment, shall keep the King exempt from the
same.

LXXXVI.

And as for those Debts which the Colleges of the States have been
charg'd with by the Princes of the House of Austria, pursuant to
particular Agreements made in their Provincial Assemblys, or such as
the said States have contracted in the name of the Publick, and to
which they are liable; a just distribution of the same shall be made
between those who are to transfer their Allegiance to the King of
France, and them that continue under the Obedience of the House of
Austria, that so either Party may know what proportion of the said
Debt he is to pay.

LXXXVII.

The most Christian King shall restore to the House of Austria, and
particularly to the Arch-Duke Ferdinand Charles, eldest Son to
Arch-Duke Leopold, four Forest-Towns, viz. Rheinselden, Seckingen,
Laussenberg and Waltshutum, with all their Territorys and
Bayliwicks, Houses, Villages, Mills, Woods, Forests, Vassals,
Subjects, and all Appurtenances on this, or the other side the
Rhine.

LXXXVIII.

Item, The County of Hawenstein, the Black Forest, the Upper and
Lower Brisgaw, and the Towns situate therein, appertaining of
Antient Right to the House of Austria, viz. Neuburg, Friburg,
Edingen, Renzingen, Waldkirch, Willingen, Bruenlingen, with all
their Territorys; as also, the Monasterys, Abbys, Prelacys,
Deaconrys, Knight-Fees, Commanderships, with all their Bayliwicks,
Baronys, Castles, Fortresses, Countys, Barons, Nobles, Vassals, Men,
Subjects, Rivers, Brooks, Forests, Woods, and all the Regales,
Rights, Jurisdictions, Fiefs and Patronages, and all other things
belonging to the Sovereign Right of Territory, and to the Patrimony
of the House of Austria, in all that Country.

LXXXIX.

All Ortnaw, with the Imperial Citys of Ossenburg, Gengenbach,
Cellaham and Harmospach, forasmuch as the said Lordships depend - on
that of Ortnaw, so that no King of France can or ought ever to ;
pretend to or usurp any Right or Power over the said Countrys
situated on this and the other side the Rhine: nevertheless, in such
a manner, that by this present Restitution, the Princes of Austria
shall acquire no new Right; that for the future, the Commerce and
Transportation shall be free to the Inhabitants on both sides of the
Rhine, and the adjacent Provinces. Above all, the Navigation of the
Rhine be free, and none of the partys shall be permitted to hinder
Boats going up or coming down, detain, stop, or molest them under
any pretence whatsoever, except the Inspection and Search which is
usually done to Merchandizes: And it shall not be permitted to
impose upon the Rhine new and unwonted Tolls, Customs, Taxes,
Imposts, and other like Exactions; but the one and the other Party
shall contented with the Tributes, Dutys and Tolls that were paid
before these Wars, under the Government of the Princes of Austria.

XC.

That all the Vassals, Subjects, Citizens and Inhabitants, as well on
this as the other side the Rhine, who were subject to the House of
Austria, or who depended immediately on the Empire, or who
acknowledg'd for Superiors the other Orders of the Empire,
notwithstanding all Confiscations, Transferrings, Donations made by
any Captains or Generals of the Swedish Troops, or Confederates,
since the taking of the Province, and ratify'd by the most Christian
King, or decreed by his own particular Motion; immediately after the
Publication of Peace, shall be restor'd to the possession of their
Goods, immovable and stable, also to their Farms, Castles, Villages,
Lands, and Possessions, without any exception upon the account of
Expences and Compensation of Charges, which the modern Possessors
may alledge, and without Restitution of Movables or Fruits gather'd
in.

XCI.

As to Confiscations of Things, which consist in Weight, Number and
Measure, Exactions, Concussions and Extortions made during the War;
the reclaiming of them is fully annull'd and taken away on the one
side and the other, in order to avoid Processes and litigious
Strifes.

XCII.

That the most Christian King shall be bound to leave not only the
Bishops of Strasburg and Basle, with the City of Strasburg, but also
the other States or Orders, Abbots of Murbach and Luederen, who are
in the one and the other Alsatia, immediately depending upon the
Roman Empire; the Abess of Andlavien, the Monastery of St. Bennet in
the Valley of St. George, the Palatines of Luzelstain, the Counts
and Barons of Hanaw, Fleckenstein, Oberstein, and all the nobility
of Lower Alsatia; Item, the said ten Imperial Citys, which depend on
the Mayory of Haganoc, in the Liberty and Possession they have
enjoy'd hitherto, to arise as immediately dependent upon the Roman
Empire; so that he cannot pretend any Royal Superiority over them,
but shall rest contented with the Rights which appertain'd to the
House of Austria, and which by this present Treaty of Pacification,
are yielded to the Crown of France. In such a manner, nevertheless,
that by the present Declaration, nothing is intended that shall
derogate from the Sovereign Dominion already hereabove agreed to.

XCIII.

Likewise the most Christian King, in compensation of the things made
over to him, shall pay the said Archduke Ferdinand Charles three
millions of French Livres, in the next following Years 1649 1650,
1651, on St. John Baptist's Day, paying yearly one third of the said
Sum at Basle in good Money to the Deputys of the said Archduke.

XCIV.

Besides the said Sum, the most Christian King shall be oblig'd to
take upon him two Thirds of the Debts of the Chamber of Ensisheim
without distinction, whether by Bill or Mortgage, provided they be
in due and authentic Form, and have a special Mortgage either on the
Provinces to be transfer'd, or on them to be restor'd; or if there
be none, provided they be found on the Books of Accounts agreeing
with those of the Receits of the Chamber of Ensisheim, until the end
of the Year 1632, the said Sums having been inserted among the Debts
of the Community, and the Chamber having been oblig'd to pay the
Interests: And the King making this Payment, the Archduke shall be
exempted for such a proportion. And that the same may be equitably
executed, Commissarys shall be deputed on the one side and the
other, immediately after the signing of this present Treaty, who
before the Payment of the first Sum, shall agree between them what
Debts every one has to pay.

XCV.

The most Christian King shall restore to the said Archduke bona
fide, and without delay, all Papers, Documents of what nature
so-ever, belonging to the Lands which are to be surrender'd to him,
even as many as shall be found in the Chancery of the Government and
Chamber of Ensisheim, or of Brisac, or in the Records of Officers,
Towns, and Castles possess'd by his Arms.

XCVI.

If those Documents be publick, and concern in common and jointly the
Lands yielded to the King, the Archduke shall receive authentick
Copys of them, at what time and as often as he shall demand them.

XCVII.

Item, For fear the Differences arisen between the Dukes of Savoy and
Mantua touching Montserrat, and terminated by the Emperor Ferdinand
and Lewis XIII. Fathers to their Majestys, shou'd revive some time
or other to the damage or Christianity; it has been agreed, That the
Treaty of Cheras of the 6th of April 1631. with the Execution
thereof which ensu'd in the Montserrat, shall continue firm for
ever, with all its Articles: Pignerol, and its Appurtenances, being
nevertheless excepted, concerning which there has been a decision
between his most Christian Majesty and the Duke of Savoy, and which
the King of France and his Kingdom have purchas'd by particular
Treatys, that shall remain firm and stable, as to what concerns the
transferring or resigning of that Place and its Appurtenances. But
if the said particular Treatys contain any thing which may trouble
the Peace of the Empire, and excite new Commotions in Italy, after
the present War, which is now on foot in that Province, shall be at
an end, they shall be look'd upon as void and of no effect; the said
Cession continuing nevertheless unviolable, as also the other
Conditions agreed to, as well in favour of the Duke of Savoy as the
most Christian King: For which reason their Imperial and most
Christian Majestys promise reciprocally, that in all other things
relating to the said Treaty of Cheras, and its Execution, and
particularly to Albe, Trin, their Territorys, and the other places,
they never shall contravene them either directly or indirectly, by
the way of Right or in Fact; and that they neither shall succour nor
countenance the Offender, but rather by their common Authority shall
endeavour that none violate them under any pretence whatsoever;
considering that the most Christian King has declar'd, That he was
highly oblig'd to advance the Execution of the said Treaty, and even
to maintain it by Arms; that above all things the said Lord, the
Duke of Savoy, notwithstanding the Clauses abovemention'd, shall be
always maintain'd in the peaceable possession of Trin and Albe, and
other places, which have been allow'd and assign'd him by the said
Treaty, and by the Investiture which ensu'd thereon of the Dutchy of
Montserrat.

XCVIII.

And to the end that all Differences be extirpated and rooted out
between these same Dukes, his most Christian Majesty shall pay to
the said Lord, the Duke of Mantua, four hundred ninety four thousand
Crowns, which the late King of blessed Memory, Lewis XIII. had
promis'd to pay to him on thu Duke of Savoy's Discount; who by this
means shall together with his Heirs and Successors be discharg'd
from this Obligation, and secur'd from all Demands which might be
made upon him of the said Sum, by the Duke of Mantua, or his
Successors; so that for the future neither the Duke of Savoy, nor
his Heirs and Successors, shall receive any Vexation or Trouble from
the Duke of Mantua, his Heirs and Successors, upon this subject, or
under this pretence.

XCIX.

Who hereafter, with the Authority and Consent of their Imperial and
most Christian Majestys, by virtue of this solemn Treaty of Peace,
shall have no Action for this account against the Duke of Savoy, or
his Heirs and Successors.

C.

His Imperial Majesty, at the modest Request of the Duke of Savoy,
shall together with the Investiture of the antient Fiefs and States,
which the late Ferdinand II. of blessed memory granted to the Duke
of Savoy, Victor Amadeus, also grant him the Investiture of the
Places, Lordships, States, and all other Rights of Montserrat, with
their Appurtenances, which have been surrender'd to him by virtue of
the abovesaid Treaty of Cheras, and the Execution thereof which
ensu'd; as also, of the Fiefs of New Monsort, of Sine, Monchery, and
Castelles, with their Appurtenances, according to the Treaty of
Acquisition made by the said Duke Victor Amadeus, the 13th of
October 1634. and conformable to the Concessions or Permissions, and
Approbation of his Imperial Majesty; with a Confirmation also of all
the Privileges which have been hitherto granted to the Dukes of
Savoy, when and as often as the Duke of Savoy shall request and
demand it.

CI.

Item, It has been agreed, That the Duke of Savoy, his Heirs and
Successors, shall no ways be troubled or call'd to an account by his
Imperial Majesty, upon account of the Right of Sovereignty they have
over the Fiefs of Rocheveran, Olme, and Casoles, and their
Appurtenances, which do not in the least depend on the Roman Empire,
and that all Donations and Investitures of the said Fiefs being
revok'd and annul'd, the Duke shall be maintain'd in his Possession
as rightful Lord; and if need be, reinstated: for the same reason
his Vassal the Count de Verrue shall be re-instated in the same
Fiefs of Olme and Casoles, and in the Possession of the fourth part
of Rocheveran, and in all his Revenues.

CII.

Item, It is Agreed, That his Imperial Majesty shall restore to the
Counts Clement and John Sons of Count Charles Cacheran, and to his
Grandsons by his Son Octavian, the whole Fief of la Roche d'Arazy,
with its Appurtenances and Dependencys, without any Obstacle
whatever.

CIII.

The Emperor shall likewise declare, That within the Investiture of
the Dutchy of Mantua are comprehended the Castles of Reygioli and
Luzzare, with their Territorys and Dependencys, the Possession
whereof the Duke of Guastalla shall be oblig'd to render to the Duke
of Mantua, reserving to himself nevertheless, the Right of Six
Thousand Crowns annual Pension, which he pretends to, for which he
may sue the Duke before his Imperial Majesty.

CIV.

As soon as the Treaty of Peace shall be sign'd and seal'd by the
Plenipotentiarys and Ambassadors, all Hostilitys shall cease, and
all Partys shall study immediately to put in execution what has been
agreed to; and that the same may be the better and quicker
accomplish'd, the Peace shall be solemnly publish'd the day after
the signing thereof in the usual form at the Cross of the Citys of
Munster and of Osnabrug. That when it shall be known that the
signing has been made in these two Places, divers Couriers shall
presently be sent to the Generals of the Armys, to acquaint them
that the Peace is concluded, and take care that the Generals chuse a
Day, on which shall be made on all sides a Cessation of Arms and
Hostilitys for the publishing of the Peace in the Army; and that
command be given to all and each of the chief Officers Military and
Civil, and to the Governors of Fortresses, to abstain for the future
from all Acts of Hostility: and if it happen that any thing be
attempted, or actually innovated after the said Publication, the
same shall be forthwith repair'd and restor'd to its former State.

CV.

The Plenipotentiarys on all sides shall agree among themselves,
between the Conclusion and the Ratification of the Peace, upon the
Ways, Time, and Securitys which are to be taken for the Restitution
of Places, and for the Disbanding of Troops; of that both Partys may
be assur'd, that all things agreed to shall be sincerely
accomplish'd.

CVI.

The Emperor above all things shall publish an Edict thro'out the
Empire, and strictly enjoin all, who by these Articles of
Pacification are oblig'd to restore or do any thing else, to obey it
promptly and without tergi-versation, between the signing and the
ratifying of this present Treaty; commanding as well the Directors
as Governors of the Militia of the Circles, to hasten and finish the
Restitution to be made to every one, in conformity to those
Conventions, when the same are demanded. This Clause is to be
inserted also in the Edicts, That whereas the Directors of the
Circles, or the Governors of the Militia of the Circles, in matters
that concern themselves, are esteem'd less capable of executing this
Affair in this or the like case and likewise if the Directors and
Governors of the Militia of the Circles refuse this Commission, the
Directors of the neighbouring Circle, or the Governors of the
Militia of the Circles shall exercise the Function, and officiate in
the execution of these Restitutions in the other Circles, at the
instance of the Partys concern'd.

CVII.

If any of those who are to have something restor'd to them, suppose
that the Emperor's Commissarys are necessary to be present at the
Execution of some Restitution (which is left to their Choice) they
shall have them. In which case, that the effect of the things agreed
on may be the less hinder'd, it shall be permitted as well to those
who restore, as to those to whom Restitution is to be made, to
nominate two or three Commissarys immediately after the signing of
the Peace, of whom his Imperial Majesty shall chuse two, one of each
Religion, and one of each Party, whom he shall injoin to accomplish
without delay all that which ought to be done by virtue of this
present Treaty. If the Restorers have neglected to nominate
Commissioners, his Imperial Majesty shall chuse one or two as he
shall think fit (observing, nevertheless, in all cases the
difference of Religion, that an equal number be put on each side)
from among those whom the Party, to which somewhat is to be
restor'd, shall have nominated, to whom he shall commit the
Commission of executing it, notwithstanding all Exceptions made to
the contrary; and for those who pretend to Restitutions, they are to
intimate to the Restorers the Tenour of these Articles immediately
after the Conclusion of the Peace.

CVIII.

Finally, That all and every one either States, Commonaltys, or
private Men, either Ecclesiastical or Secular, who by virtue of this
Transaction and its general Articles, or by the express and special
Disposition of any of them, are oblig'd to restore, transfer, give,
do, or execute any thing, shall be bound forthwith after the
Publication of the Emperor's Edicts, and after Notification given,
to restore, transfer, give, do, or execute the same, without any
Delay or Exception, or evading Clause either general or particular,
contain'd in the precedent Amnesty, and without any Exception and
Fraud as to what they are oblig'd unto.

CIX.

That none, either Officer or Soldier in Garisons, or any other
whatsoever, shall oppose the Execution of the Directors and
Governors of the Militia of the Circles or Commissarys, but they
shall rather promote the Execution; and the said Executors shall be
permitted to use Force against such as shall endeavour to obstruct
the Execution in what manner soever.

CX.

Moreover, all Prisoners on the one side and the other, without any
distinction of the Gown or the Sword, shall be releas'd after the
manner it has been covenanted, or shall be agreed between the
Generals of the Armys, with his Imperial Majesty's Approbation.

CXI.

The Restitution being made pursuant to the Articles of Amnesty and
Grievances, the Prisoners being releas'd, all the Soldiery of the
Garisons, as well the Emperor's and his Allys, as the most Christian
King's, and of the Landgrave of Hesse, and their Allys and
Adherents, or by whom they may have been put in, shall be drawn out
at the same time, without any Damage, Exception, or Delay, of the
Citys of the Empire, and all other Places which are to be restor'd.

CXII.

That the very Places, Citys, Towns, Boroughs, Villages, Castles,
Fortresses and Forts which have been possess'd and retain'd, as well
in the Kingdom of Bohemia, and other Countrys of the Empire and
Hereditary Dominions of the House of Austria, as in the other
Circles of the Empire, by one or the other Army, or have been
surrender'd by Composition; shall be restor'd without delay to their
former and lawful Possessors and Lords, whether they be mediately or
immediately States of the Empire, Ecclesiastical or Secular,
comprehending therein also the free Nobility of the Empire: and they
shall be left at their own free disposal, either according to Right
and Custom, or according to the Force this present Treaty ought to
have, notwithstanding all Donations, Infeoffments, Concessions
(except they have been made by the free-will of some State) Bonds
for redeeming of Prisoners, or to prevent Burnings and Pillages, or
such other like Titles acquir'd to the prejudice of the former and
lawful Masters and Possessors. Let also all Contracts and Bargains,
and all Exceptions contrary to the said Restitution cease, all which
are to be esteem'd void; saving nevertheless such things as have
been otherwise agreed on in the precedent Articles touching the
Satisfaction to made to his most Christian Majesty, as also some
Concessions and equivalent Compensations granted to the Electors and
Princes of the Empire. That neither the Mention of the Catholick
King, nor Quality of the Duke of Lorain given to Duke Charles in the
Treaty between the Emperor and Swedeland, and much less the Title of
Landgrave of Alsace, given to the Emperor, shall be any prejudice to
the most Christian King. That also which has been agreed touching
the Satisfaction to be made to the Swedish Troops, shall have no
effect in respect to his Majesty.

CXIII.

And that this Restitution of possess'd Places, as well by his
Imperial Majesty as the most Christian King, and the Allys and
Adherents of the one and the other Party, shall be reciprocally and
bona fide executed.

CXIV.

That the Records, Writings and Documents, and other Moveables, be
also restor'd; as likewise the Cannon found at the taking of the
Places, and which are still in being. But they shall be allow'd to
carry off with them, and cause to be carry'd off, such as have been
brought thither from other parts after the taking of the Places, or
have been taken in Battels, with all the Carriages of War, and what
belongs thereunto.

CXV.

That the Inhabitants of each Place shall be oblig'd, when the
Soldiers and Garisons draw out, to furnish them without Money the
necessary Waggons, Horses, Boats and Provisions, to carry off all
things to the appointed Places in the Empire; which Waggons, Horses
and Boats, the Governors of the Garisons and the Captains of the
withdrawing Soldiers shall restore without any Fraud or Deceit. The
Inhabitants of the States shall free and relieve each other of this
trouble of carrying the things from one Territory to the other,
until they arrive at the appointed Place in the Empire; and the
Governors or other Officers shall not be allow'd to bring with him
or them the lent Waggons, Horses and Boats, nor any other thing they
are accommodated with, out of the limits they belong unto, much less
out of those of the Empire.

CXVI.

That the Places which have been restor'd, as, well Maritime as
Frontiers, or in the heart of the Country shall from henceforth and
for ever be exempted from all Garisons, introduc'd during the Wars,
and left (without prejudice in other things to every one's Right) at
the full liberty and disposal of their Masters.

CXVII.

That it shall not for the future, or at present, prove to the damage
and prejudice of any Town, that has been taken and kept by the one
or other Party; but that all and every one of them, with their
Citizens and Inhabitants, shall enjoy as well the general Benefit of
the Amnesty, as the rest of this Pacification. And for the Remainder
of their Rights and Privileges, Ecclesiastical and Secular, which
they enjoy'd before these Troubles, they shall be maintain'd
therein; save, nevertheless the Rights of Sovereignty, and what
depends thereon, for the Lords to whom they belong.

CXVIII.

Finally, that the Troops and Armys of all those who are making War
in the Empire, shall be disbanded and discharg'd; only each Party
shall send to and keep up as many Men in his own Dominion, as he
shall judge necessary for his Security.

CXIX.

The Ambassadors and Plenipotentiarys of the Emperor, of the King,
and the States of the Empire, promise respectively and the one to
the other, to cause the Emperor, the most Christian King, the
Electors of the Sacred Roman Empire, the Princes and States, to
agree and ratify the Peace which has been concluded in this manner,
and by general Consent; and so infallibly to order it, that the
solemn Acts of Ratification be presented at Munster, and mutually
and in good form exchang'd in the term of eight weeks, to reckon
from the day of signing.

CXX.

For the greater Firmness of all and every one of these Articles,
this present Transaction shall serve for a perpetual Law and
establish'd Sanction of the Empire, to be inserted like other
fundamental Laws and Constitutions of the Empire in the Acts of the
next Diet of the Empire, and the Imperial Capitulation; binding no
less the absent than the present, the Ecclesiasticks than Seculars,
whether they be States of the Empire or not: insomuch as that it
shall be a prescrib'd Rule, perpetually to be follow'd, as well by
the Imperial Counsellors and Officers, as those of other Lords, and
all Judges and Officers of Courts of Justice.

CXXI.

That it never shall be alledg'd, allow'd, or admitted, that any
Canonical or Civil Law, any general or particular Decrees of
Councils, any Privileges, any Indulgences, any Edicts, any
Commissions, Inhibitions, Mandates, Decrees, Rescripts, Suspensions
of Law, Judgments pronounc'd at any time, Adjudications,
Capitulations of the Emperor, and other Rules and Exceptions of
Religious Orders, past or future Protestations, Contradictions,
Appeals, Investitures, Transactions, Oaths, Renunciations,
Contracts, and much less the Edict of 1629. or the Transaction of
Prague, with its Appendixes, or the Concordates with the Popes, or
the Interims of the Year 1548. or any other politick Statutes, or
Ecclesiastical Decrees, Dispensations, Absolutions, or any other
Exceptions, under what pretence or colour they can be invented;
shall take place against this Convention, or any of its Clauses and
Articles neither shall any inhibitory or other Processes or
Commissions be ever allow'd to the Plaintiff or Defendant.

CXXXII.

That he who by his Assistance or Counsel shall contravene this
Transaction or Publick Peace, or shall oppose its Execution and the
abovesaid Restitution, or who shall have endeavour'd, after the
Restitution has been lawfully made, and without exceeding the manner
agreed on before, without a lawful Cognizance of the Cause, and
without the ordinary Course of Justice, to molest those that have
been restor'd, whether Ecclesiasticks or Laymen; he shall incur the
Punishment of being an Infringer of the publick Peace, and Sentence
given against him according to the Constitutions of the Empire, so
that the Restitution and Reparation may have its full effect.

CXXIII.

That nevertheless the concluded Peace shall remain in force, and all
Partys in this Transaction shall be oblig'd to defend and protect
all and every Article of this Peace against any one, without
distinction of Religion; and if it happens any point shall be
violated, the Offended shall before all things exhort the Offender
not to come to any Hostility, submitting the Cause to a friendly
Composition, or the ordinary Proceedings of Justice.

CXXIV.

Nevertheless, if for the space of three years the Difference cannot
be terminated by any of those means, all and every one of those
concern'd in this Transaction shall be oblig'd to join the injur'd
Party, and assist him with Counsel and Force to repel the Injury,
being first advertis'd by the injur'd that gentle Means and Justice
prevail'd nothing; but without prejudice, nevertheless, to every
one's Jurisdiction, and the Administration of Justice conformable to
the Laws of each Prince and State: and it shall not be permitted to
any State of the Empire to pursue his Right by Force and Arms; but
if any difference has happen'd or happens for the future, every one
shall try the means of ordinary Justice, and the Contravener shall
be regarded as an Infringer of the Peace. That which has been
determin'd by Sentence of the Judge, shall be put in execution,
without distinction of Condition, as the Laws of the Empire enjoin
touching the Execution of Arrests and Sentences.

CXXV.

And that the publick Peace may be so much the better preserv'd
intire, the Circles shall be renew'd; and as soon as any Beginnings
of Troubles are perceiv'd, that which has been concluded in the
Constitutions, of the Empire, touching the Execution and
Preservation of the Public Peace, shall be observ'd.

CXXVI.

And as often as any would march Troops thro' the other Territorys,
this Passage shall be done at the charge of him whom the Troops
belong to, and that without burdening or doing any harm or damage to
those whole Countrys they march thro'. In a word, all that the
Imperial Constitutions determine and ordain touching the
Preservation of the publick Peace, shall be strictly observ'd.

CXXVII.

In this present Treaty of Peace are comprehended such, who before
the Exchange of the Ratification or in six months after, shall be
nominated by general Consent, by the one or the other Party; mean
time by a common Agreement, the Republick of Venice is therein
compriz'd as Mediatrix of this Treaty. It shall also be of no
prejudice to the Dukes of Savoy and Modena, or to what they shall
act, or are now acting in Italy by Arms for the most Christian King.

CXXVIII.

In Testimony of all and each of these things, and for their greater
Validity, the Ambassadors of their Imperial and most Christian
Majestys, and the Deputys, in the name of all the Electors, Princes,
and States of the Empire, sent particularly for this end (by virtue
of what has been concluded the 13th of October, in the Year
hereafter mention'd, and has been deliver'd to the Ambassador of
France the very day of signing under the Seal of the Chancellor of
Mentz) viz. For the Elector of Mayence, Monsieur Nicolas George de
Reigersberg, Knight and Chancellor; for the Elector of Bavaria,
Monsieur John Adolph Krebs, Privy Counsellor; for the Elector of
Brandenburg, Monsieur John Count of Sain and Witgenstein, Lord of
Homburg and Vallendar, Privy Counsellor.

In the Name of the House of Austria, M. George Verie, Count of
Wolkenstein, Counsellor of the Emperor's Court; M. Corneille
Gobelius, Counsellor of the Bishop of Bamberg; M. Sebastian William
Meel, Privy Counsellor to the Bishop of Wirtzburg; M. John Earnest,
Counsellor of the Duke of Bavaria's Court; M. Wolff Conrad of
Thumbshirn, and Augustus Carpzovius, both Counsellors of the Court
of Saxe-Altenburg and Coburg; M. John Fromhold, Privy Counsellor of
the House of Brandenburg-Culmbac, and Onolzbac; M. Henry Laugenbeck,
J.C. to the House of Brunswick-Lunenburg; James Limpodius, J.C.
Counsellor of State to the Branch of Calemburg, and Vice-Chancellor
of Lunenburg. In the Name of the Counts of the Bench of Wetteraw, M.
Matthews Wesembecius, J. D. and Counsellor.

In the Name of the one and the other Bench, M. Marc Ottoh of
Strasburg, M. John James Wolff of Ratisbon, M. David Gloxinius of
Lubeck, and M. Lewis Christopher Kres of Kressenstein, all Syndick
Senators, Counsellors and Advocates of the Republick of Noremberg;
who with their proper Hands and Seals have sign'd and seal'd this
present Treaty of Peace, and which said Deputys of the several
Orders have engag'd to procure the Ratifications of their Superiors
in the prefix'd time, and in the manner it has been covenanted,
leaving the liberty to the other Plenipotentiarys of States to sign
it, if they think it convenient, and send for the Ratifications of
their Superiors: And that on condition that by the Subscription of
the abovesaid Ambassadors and Deputys, all and every one of the
other States who shall abstain from signing and ratifying the
present Treaty, shall be no less oblig'd to maintain and observe
what is contain d in this present Treaty of Pacification, than if
they had subscrib'd and ratify'd it; and no Protestation or
Contradiction of the Council of Direction in the Roman Empire shall
be valid, or receiv'd in respect to the Subscription and said
Deputys have made.

Done, pass'd and concluded at Munster in Westphalia, the 24th Day of
October, 1648.